Exam preparation Flashcards
(147 cards)
1
Q
Define European integration.
A
According to Ernest Haas (1958), European integration happens when political actors in distinct national settings are persuaded to shift their loyalties, expectation and political activities towards a new center, whose institutions demand jurisdiction over the pre-existing national states
2
Q
What ideas form the basis for European integration?
A
o Progressive / incremental
o Heterogenous / syncretic
o Sui generis (to a certain extent)
3
Q
What are the characteristics of European integration?
A
o Economic integration: single market and monetary union
o Political integration: supranational institutions and common policies
o Social and cultural integration: freedom of movement and Erasmus program
o Legal and institutional framework: treaties and legal order
4
Q
What are treaties?
A
Foundational legal agreements that establish the constitutional basis for the EU and govern its operations
5
Q
Why do treaties not act as constitutions?
A
They do not aim to create a federal and democratic supranational state at the European level
6
Q
What are the eight key EU treaties?
A
o Treaty of Paris - 1952
o Treaties of Rome - 1958
o Merger Treaty - 1967
o Single European Act - 1987
o Maastricht Treaty - 1993
o Amsterdam Treaty - 1999
o Nice Treaty - 2003
o Lisbon treaty – 2007
7
Q
What are the features of the Treaty of Paris (1952)?
A
o Established the European Coal and Steel Community (ECSC)
o Created the first supranational institution in Europe
o It aimed to prevent future wars between France and Germany
8
Q
What are the features of the Treaties of Rome (1958)?
A
o Established two entities:
European Economic Community (EEC)
European Atomic Energy Community (Euratom)
o Established the EC, CoM, EP and COJ
9
Q
What are the features of the Merger Treaty (1967)?
A
o Unification of all entities (bar legal) into EC and CoM
o Legal independence was maintained
10
Q
What are the features of the Single European Act (1987)?
A
o Set goal to establish a single European market in five years
o Adopted majority voting in the CoM
11
Q
What are the features of the Maastricht Treaty (1993)?
A
o Established the European Union
o Introduced EU citizenship
o Laid the foundations for the euro
o Created the three pillars of government structure
12
Q
What are the features of the Treaty of Amsterdam (1999)?
A
o Created the co-decision procedure
o Introduced the Schengen Agreement
o Enhanced human rights by introducing Article 13
13
Q
What are the features of the Nice Treaty (2003)?
A
o Reform to prepare for enlargement
o Reformed the voting system
o Introduction of the Charter of Fundamental Rights of the EU
14
Q
What are the features of the Lisbon Treaty (2007)?
A
o Established President of the EC
o Consolidated legal personality
o Included a withdrawal procedure
15
Q
Are the treaties driven by pragmatism?
A
o Yes, because they are designed to pursue economic goals via legal tools
o No, because:
The Court of Justice uses “general principles” and “fundamental rights”
Parliamentarisation: The Maastricht treaty increased political decision-making (normative)
16
Q
According to Article 12 of the Treaty on European Union, what are the seven main European institutions and their roles?
A
o European Commission: Executive branch
o European Parliament: Elected members; co-decision
o Council of the EU: Ministers of member states; co-decision
o European Council: Heads of state; sets political direction
o Court of Justice of the European Union: Ensures consistent application of law across states
o European Central Bank: Manages the euro and enacts monetary policy
o European Court of Auditors: Audits EU finances
17
Q
What are the main differences between the Council of the EU and the European Council?
A
o Council of the EU:
Government ministers
Negotiates and passes laws
Meets regularly
Rotating presidency every six months
o European Council:
Heads of state or government
Sets political direction, but does not pass laws
Meets 4 four times a year
Has a President elected for 2.5 years
18
Q
What are the characteristics of European Parliament elections?
A
o Universal suffrage
o Every five years
o Single transferable vote and proportional representation
o Electoral system variances between countries
o National parties or members join European groups
19
Q
What are the two main approaches of EU decision-making?
A
o Community method (low politics): when there is agreement, decisions are governed by voting at the European Parliament and the Council of the EU
o Intergovernmental method (high politics): when there is no agreement, intergovernmental conferences are used
o This duality of EU decision-making was formalised by the Maastricht Treaty of 1993
20
Q
Define the institutionalisation of the EU.
A
o The process of establishing new institutions that have legal authority and governance structures, shifting power from national entities to a centralised EU structure. It involves:
Decentering / recentering
A European consciousness
Mutual trust
21
Q
What is decentering / recentering?
A
The shift of authority from national governments to a central EU governance structure
22
Q
What is the European consciousness?
A
From the Treaty on European Union, it establishes that member states must confer competencies to attain shared objectives
23
Q
What is a legal competence?
A
The power of the EU to take specific action where they are conferred upon it by the member states in the EU treaties
24
Q
What are the two principles governing the EU’s legal competence?
A
o Subsidiarity: Article 5(3) of TEU states that the EU shall only act if the objectives cannot be achieved by member states
o Proportionality: Article 5(4) of TEU states that the EU’s actions must not exceed what is necessary to achieve the treaties’ objectives
25
What are the three types of legal competences of the EU?
o Exclusive competence: Only the EU can legislate
o Shared competence: Both the EU and member states can legislate
o Supporting competence: The EU can only support member states to legislate
26
What is the hierarchy of norms in EU law (in order of primacy)?
o Primary law:
Treaties
Charter of Fundamental Rights
o International agreements
o General Principles of EU Law
o Secondary law:
Regulations
Directives
Decisions
o Case law of the Court of Justice of the European Union
27
With the Treaty of Lisbon, what are the two procedures for decision-making in the EU?
o Ordinary Legislative Procedure
o Special Legislative Procedure
28
What is the seven-step Ordinary Legislative Procedure of the EU?
o Proposal: The European Commission proposes a new law
o Consultation: It is sent to the European Parliament, the Council of the European Union, and all national parliaments
o First reading: The European Parliament assesses it; the Council of the EU assesses it
o Second reading (if necessary): The European Parliament assesses it
o Conciliation (if necessary): The Council of Europe assesses it
o Third reading (if necessary): If the Conciliation Committee agrees, the European Parliament has a final vote
o Adoption: The Act is adopted if both Parliament and Council approve the law
29
What is the Special Legislative Procedure of the EU?
o A legislative method where either the Council of the EU alone adopts a legal act, or the Council of the EU and European Parliament together adopt an act but not on equal footing. Key features include:
Only used for specific areas defined in treaties
Gives more power to the Council than Parliament
Often involves unanimous decision-making in the Council
30
What are the two types of Special Legislative Procedures?
o Consent procedure: Parliament can approve or reject but not amend proposals
o Consultation procedure: Parliament is consulted but Council makes the final decision
31
What are the two contradictory tendencies of the EU and their implications?
o More intergovernmentalism (power to national governments):
Paris Summit of 1974: Created the European Council
Treaty of Lisbon of 2007: Officialised the European Council
o More parliamentarisation (power to elected members)
Electoral Act of 1976: Established European Parliament elections
Treaty of Lisbon of 2007: Included Article 10 on democratic representation
o Implications:
Institutional ambiguity
Challenges to the Community method
Decreased democratic representation
32
Define the Community method.
o Emphasises the roles of supranational institutions including the European Commission and the European Parliament
o Contrasts with intergovernmental approaches that emphasis national governments and the European Council
33
What are the arguments in favour of parliamentarisation (Community method)?
o Enhances democratic legitimacy
o Increases accountability
o Strengthens integration
34
What are the arguments in favour of intergovernmentalism?
o Preserves national sovereignty
o Effective for foreign policy and security issues (high politics)
o More flexible than Community method
o Allows for varied levels of integration
35
What is the role and function of the Court of Justice of the EU?
o Serves as the judicial branch of the EU
Reviews the legality of EU actions
Enforces compliance with EU obligations
Resolves disputes between member states and EU institutions
o Consists of one judge from each member state
36
What are the types of legal action before the Court of Justice of the EU?
o Direct actions: Cases brought directly before the Court including infringement proceedings against member states, actions for failure to act and actions for damages
o Indirect actions: Cases brought from national law for interpretation in the context of EU law by the Court
37
What is the principle of direct effect?
Direct effect is the principle that certain provisions of EU law may confer rights on individuals which national courts are bound to recognise and enforce, without the need for implementing legislation by member states
38
What is vertical direct effect of EU law?
Applies between individuals and the state
39
What is horizontal direct effect of EU law?
Applies between individuals
40
What is the case reference for the principle of direct effect of EU law?
Van Gen den Loos (case 26/62)
41
What is the case reference for the primacy of EU law?
Costa v. Enel (1964)
42
What are the two fundamental principles of EU law?
o Effectiveness:
Ensures EU law is enforced uniformly
Linked to direct effect and primacy
o Autonomy:
Establishes EU law as distinct legal order
Protects the Court from undue influence
43
What are trilogues?
o Informal negotiations between representatives of the European Parliament, the Council of the European Union, and the European Commission with the goal to reach consensus on legislative proposals
o Started in the 1990s to expedite the legislative process
o Often criticised because trilogues are not mentioned in the treaties and lack transparency and accountability
44
What tradeoff takes place in trilogues?
Efficiency and accountability
45
When are trilogues most useful?
o Reaching consensus in the first readings of Ordinary Legislative Procedures
o Now plays a central role in almost 90% of EU legislation
46
What is the Better Regulations Strategy?
o Adopted in 2005
o Three objectives:
Limiting the level of European regulation
Improving the quality of regulation
Improving the implementation of European laws
o Three lines of action:
Reducing administrative burdens
Cooperating more closely with member states
Strengthening dialogues between regulators and stakeholders
o Implication: Every major initiative now includes stakeholder consultation
47
What was Dawson’s main argument on the regulatory law of the EU?
The EU’s regulatory legitimacy is tied to the delivery of common goods
48
What was the main case involved in the evolution of fundamental rights in EU law?
Internationale Handelsgesellschaft (1970): Established that the EU cannot be overridden by national laws that protect fundamental rights
49
What are the two treaties involved in the evolution of fundamental rights in EU law?
o Amsterdam Treaty (1999): Established principles of liberty, democracy and respect for human rights
o Lisbon Treaty (2009): Gave the Charter of Fundamental Rights of the European Union the same legal value as the treaties
50
What is the Charter of Fundamental Rights of the European Union?
o Since the Lisbon Treaty of 2009, the Charter has become legally binding
o It has seven chapters:
Dignity
Freedoms
Equality
Solidarity
Citizens’ rights
Justice
General provisions
o Limitations: It does not extend the competences of the EU beyond those defined in the treaties and also respects the principle of subsidiarity
51
According to Larsen, what are two reasons why the European legal framework is sui generis?
o It can only be understood against the background of the decline of European empires
o It calls into question the principles of international law through primacy, direct effect and case law
52
- Define lobbying.
o Activities carried out by representatives of diverse interest groups aiming to influence public authorities
o This can range from simple monitoring activities to actively trying to influence policymaking
53
How many lobbies are there in Brussels?
o Over 10,000 represented interest groups
o These lobbies employ at least 30,000 people
54
Who are some of the lobbies in Brussels?
o Corporations
o Industry associations
o Public affairs consultancies
o Public relations firms
o Think tanks
o Trade associations
o Individual lobbyists
55
What are some lobbying strategies employed in Brussels?
o Consultation processes
o EC’s committees
o EP’s hearings and conferences
o Actions towards the ECJ
o Petitions to the EP
o Actions towards to Ombudsman
o Complaints to the EC
o European Citizens’ Initiative
56
Why is the EU a political system that is favourable to lobbies?
o Epistemic communities
o Relative weakness of political parties
o Community method
o Multiplicity of institutions
57
Which two treaties formalised the role of lobbying as a part of EU decision-making?
o The Treaty of Lisbon (2007): No distinction is made between public and private interests, meaning lobbies are involved in participatory democracy
o Article 11 of The Treaty on European Union: Institutions must facilitate citizen and association participation through horizontal and vertical civil dialogue
58
What is the ‘garbage can model’ in lobbying?
o A thought experiment where problems, solutions and decision-makers exist separately, and only come together when an opportunity arises
o It captures an anarchic view vs. decision theory
59
How are EU lobbyists regulated?
o Transparency register
o Code of conduct
o Meeting disclosures
o Access restrictions
60
What is the European Transparency Initiative (2005)?
o Voluntary Register: Lobbyists are encouraged to register as a condition for accreditation and physical access to EU institutions
o Binding rules on transparency: MEPs and Commissioners must publish details of their meetings with lobbyists
61
Define revolving doors.
o The practice of private companies hiring former EU officials for their insider knowledge and networks
o Implication: Raises concerns about conflicts of interest and public integrity
62
What are the incentives for lobbyists to be on the transparency register?
o European Commission:
Access to meetings with officials
Better consideration of submissions
Membership in expert groups and mailing lists
o European Parliament:
Long-term access passes
Participation in committee hearings
Meetings with MEPs and events on premises
o Council of the EU: Same as the others
63
What is the main argument of Curtin and Leino (2017) on transparency and trilogues?
Decisions arising from trilogies lack transparency, despite the principles of transparency established in the Treaty of Lisbon (2007)
64
What are the main arguments of Coen and Vannoni (2020) on lobbying at the EU?
o Unlike the use of finance in the US, lobbying at the EU is based on the exchange of technical information
o The role of government affairs managers regulates this flow of information between companies and public authorities
65
Which Treaty invented the EU citizenship and what was it like before and after?
o Before: The Treaty on the Functioning of the European Union held non-discrimination on grounds of nationality as a key principle
o After: The Maastricht Treaty (1993) established EU citizenship, meaning every person holding nationality of a Member state becomes an EU citizen
66
What is the citizens’ rights directive?
Secondary legislation that complements the Maastricht Treaty to facilitate the right to move and reside freely within the European Union
67
- What is the relationship between EU citizenship and national citizenship?
o EU citizenship is additional to and does not replace national citizenship
o Member states control nationality acquisition and loss, but decisions impacting EU citizenship rights are subject to EU law
68
What is the relationship between EU citizenship and employment?
EU citizenship rights are not conditional on employment or trade activity
69
What are the four rights of the EU citizen?
o Right to move and reside freely
o Right to vote and stand as candidate
o Right to diplomatic protection
o Citizens’ initiative, right to petition, ombudsman
70
Who is covered by EU citizenship law?
o Any person having the nationality of a member state
o In certain cases, family members of EU citizens
71
What is the role of the Court of Justice of the European Union in defining EU citizenship?
It ensures that national decisions do not undermine EU citizenship rights
72
What are two critiques of EU citizenship?
o Class-based: The Court of Justice of the European Union’s tolerance of nationality-based discrimination excludes low-income and precarious workers
o Gendered: Traditional citizenship models often marginalise women with caregiving responsibilities because male worker-citizens are prioritised
73
Why does Shuibhne (2010) think EU citizenship is still tied to market citizenship?
o EU citizenship is still tied to market citizenship because:
The constitutional framework of the EU continues to facilitate economic integration which shapes the market citizenship
The citizenship is tied to the internal market and regulations
74
What is Easton's theory of sequential analysis in public policy?
The view that political systems are black boxes with inputs (demands and support) and outputs (policies and decisions)
75
What are the five stages in the production of public policy?
o Agenda setting (identification of problems)
o Formulation (decisions by legislative)
o Budgeting
o Implementation
o Evaluation
76
What are policy communities?
o Networks of organisations connected by resource dependencies that maintain close and stable relationships
o For example, Common Agricultural Policy (CAP)
77
Why is the EU well-suited for public policy analysis?
o A quasi-federal legal system
o Mobilisation of various actors across governments
o Mediation opportunities for special interest groups
78
Why are European policies stable?
o Policy communities are stable because of:
Constant interests and stable membership
Shared language, expertise and values
Collaborative management of public policy sector
79
What is the difference between policy communities and policy networks?
o Policy communities:
Stable group of actors with defined boundaries
Specific policy areas
Limited participation
High integration
o Policy networks:
Broader range of actors with loose boundaries
Various policy areas
Facilitates collaboration and information exchange
Dynamic and flexible
80
Why are policy networks less cohesive and stable?
o Diverse membership
o Fluid boundaries
o Greater range of policies
81
What is the Multiple Streams Framework (MSF) of analysing agenda setting?
o Goal: To understand which issue gets attention as well as when and how
o Useful for explaining policy-making under ambiguous circumstances
o Useful for policymakers forced to address a multitude of problems beyond their control
82
What are the three assumptions of the Multiple Streams Framework (MSF)?
o Ambiguity
o Time constraints
o Streams
83
What are the three streams (or independent variables) of the Multiple Streams Framework (MSF)?
o Problem stream: Elements shaping the problem
o Policy stream: Mixture of ideas and solutions competing in policy networks
o Politics stream: Influence from national mood and politics
84
What are two critical components for solving policy problems through the Multiple Streams Framework (MSF)?
o Policy window: When streams align, there is an opportunity for policy change
o Policy entrepreneurs: Actors who capitalise on the policy window
85
What is a paradigm?
An implicit framework that shapes thought, language and political behaviour within a policy community
86
What is paradigm shift analysis?
Analysis of the interaction between ideas, institutions and actors in politics
87
What is social learning? Identify its three variables.
o Adjusting policy goals or techniques based on experience and new information
o Variables of social learning within policymaking:
Overarching goals
Policy instruments
Setting of instruments
88
What are the three types of policy change?
o First-order:
Minor adjustments in policy instruments
No real change
o Second-order:
Change in instruments or techniques
Goal shift but no change in discourse
o Third-order:
Major change in overarching goals
Paradigmatic policy change
89
What is the process of paradigm shift?
o Accumulation of anomalies
o Policy adjustments are made
o If insufficient, a paradigm shift occurs where:
The old paradigm is discredited
There are mew participants in the debate
Alternative paradigms are searched for
Modifications of the policies are experimented with
The new paradigm is institutionalised
o For example: Stability and Growth Pact (SGP) during the Global Financial Crisis
90
What is the Overton Window?
o The range of policies deemed acceptable by the public and politicians at a given time
o Influences what policies can be advocated for without seeming extreme
91
What are advocacy coalitions?
o How a community identifies majority solutions in the absence of institutional constraints and formal decision-making processes
o Requires various subgroups within a network
92
What are the three belief filters when forming coalitions?
o Deep core beliefs (such as religion and ideology)
o Policy core beliefs (such as pragmatic or financial)
o Secondary beliefs (related to policy implementation)
93
What are the five conditions for the success of advocacy coalitions?
o Deadlock
o Stakeholder participation
o Consensus-seeking
o Trust-building
o Presence of skilled mediator
94
What are the two types of agenda setting at the EU level?
o Openness:
Broad systematic and institutional agendas
Fragmented institutions and territories
o Conservatism:
Restrictive decision-making due to the emphasis on consensus
Not conducive to major reforms
95
What might be an argument that challenges the idea that the EU has a sui generis construction?
The EU mainly functions as an internal political arena which can be understood through the approaches of comparative politics
96
Into what categories does the Treaty on the Function of the European Union divide policy competences?
o Exclusive competence, where only the EU can legislate including:
Customs union
Competition rules
Monetary policies
o Shared competence, where both the EU and member states can legislate including:
Social policies
Economic and territorial cohesion
Environment and energy
o Supporting competence, where the EU can only intervene to support legislation including:
Health policies
Culture policies
Education policies
97
To what policy competence does the principle of subsidiarity apply?
Shared competences between the EU and member states
98
Why might the EU be referred to as a “regulatory state”?
Because its main task is to correct market failure rather than to support or advance the European social model
99
What argument does Dinan (2017) raise about crises and the advancement of EU policies?
Historical crises and their resolutions have advanced European integration
100
What are the five scenarios that the European Commission has laid out for the future?
o Carrying on
o Nothing but the single market
o Those who want more do more
o Doing less more efficiently
o Doing more together
101
What three features of EU governance give sustenance to policy network analysis?
o Differentiation of polity
o Technical nature
o Committee-based
102
What are the three assumptions of policy network analysis?
o Non-hierarchical governance
o Disaggregated policy process
o Government responsibility
103
What is the Rhodes model of policy networks?
o Either there are tightly integrated policy communities
o Or there are loosely-affiliated issue networks
o Their effectiveness depends on three variables:
Stability of membership
Insularity
Resources dependencies
104
What are the three main arguments that emerge from policy network analysis?
o Policy networks impact policy outcomes
o Polities naturally develop governance by policy networks due to their complexity
o Governance by policy network raises issues of efficiency and legitimacy
105
What are four critiques of policy networks?
o More metaphorical than theoretical
o Too fluid and diverse for stable networks to persist
o Lacks a robust theory of power
o Too vague and focused on academic debates
106
What are the strengths of policy network analysis?
o It helps to explain:
EU integration theory
Diversity of network systems
Continuity and innovation
Emphasis on complexity
107
Define rule of law.
A principle where all public powers act within legal constraints and respect democracy, human rights and oversight by independent courts
108
- What does Article 21(1) of the TEU state?
The EU must be guided by the principles of:
* Democracy
* Rule of law
* Human rights
* Dignity
* Equality
* Solidarity
109
In the European Commission’s 2020 Rule of Law Report, what are the key principles of the rule of law?
o Recognised in the Report and the European Court of Justice and the European Court of Human Rights are:
Legality:
* Transparency
* Accountable
* Democratic decisions
Legal certainty
Judicial protection
110
In the European Commission’s 2020 Rule of Law Report, what enables rule of law?
o Justice systems
o Anti-corruption frameworks
o Checks and balances
o Media freedom and pluralism
111
What are two current challenges to the rule of law in Europe?
o COVID-19: Exposed vulnerabilities
o Russia’s invasion of Ukraine: Reinforced the importance of rule of law in maintaining a rules-based international order
112
In what EU member states have there been backslidings in the rule of law?
Poland and Hungary
113
What has been the EU’s response to the backsliding of rule of law?
o The European Commission:
Reports on the rule of law released in 2021 and 2022
Debates held in 2021 and 2022
o Legal and political tools:
Article 7 of the TEU: Allows the EU to sanction member states that risk breaching EU values
Infringement procedures: Enforcing compliance
Conditionality mechanisms: Ties funding to adherence
114
How is the indirect route the Court of Justice of the European Union’s response to the rule of law backsliding?
o Interpretative obligation: The indirect route requires national courts to interpret their domestic laws in a manner consistent with EU law
o Preliminary rulings: The increase in requests for preliminary rulings highlights the indirect route’s role to address backsliding of rule of law
115
Relating to the European Court of Justice, what is the Direct route and Indirect route?
o Direct route: EU law provisions with direct effect can be immediately enforced in national courts, allowing individuals to challenge national laws that conflict with EU law
o Indirect route: National courts must interpret domestic laws in alignment with EU directives, ensuring national legislation achieves the objectives set by EU law
116
What is a case study when it comes to EU rule of law violations?
o The European Commission v. Hungary (2021)
Breach of Article 2 of the Treaty on European Union: When Hungary adopted a law that prohibits sharing information related to homosexuality or gender change with minors
* This discriminated based on sexual orientation and gender identity which infringed human rights and the values of dignity and equality
Systematic rule of law issues:
* Lack of judicial independence
* Restrictions on media freedom
* Undermining of democratic institutions
117
What is the European Green Deal?
o Goal: Transform the EU into a sustainable economy with no net greenhouse gas emissions by 2050
o Key objectives:
Net-zero emissions by 2050
Decouple economic growth from resource use
Reduce net GHG emissions by 55% by 2030
118
In what sense is the EU structured as an ecosystem?
It has a structured network of principles, rules and mutually independent legal relations linking the EU and its member states
119
In what sense does the EU have mutual trust?
Article 2 of the Treaty on European Union states that “Each Member State shares with all other Member States, and recognises that they share with it, a set of common values on which the EU is founded.”
120
What are the common values shared amongst member states in Article 2 of the Treaty on European Union?
o Human dignity
o Freedom
o Democracy
o Equality
o Rule of law
o Respect for human rights
121
What is the idea of constitutional balance?
o Substantive balance: Articulation of interests and preferences
o Institutional balance: Division of power
o Spatial balance: Representation of minority member states
122
What are the most important Articles of the Treaty on the Functioning of the European Union?
o Article 1: Establishes the EU and its legal framework
o Article 2: Defines the foundational values of the EU
o Article 3: Outlines the aims of the EU such as promoting peace
o Article 7: Provides a procedure to suspend certain rights of member states
o Article 50: Provides a procedure for member states to withdraw from the EU
123
What is the principle of sincere cooperation?
Obliges member states to assist the EU in fulfilling its tasks
124
What happened in the Eurozone crisis?
o From 2009 to 2010
o Eurozone, notably Greece
o Causes:
High levels of public debt
Lack of competitiveness
Trade imbalances
The absence of a fiscal union to complement the monetary union
o Led to financial instability and the need for bailouts
o The ECB’s role (as member states hesitated to act) reflected a shift in governance dynamics
125
What is the European Stability Mechanism (ESM)?
o While the EU is not liable for the commitments of central governments, the European Stability Mechanism (ESM) states that financial assistance can be provided under strict conditionality and in cooperation with the IMF
o The Court of Justice of the European Union ruled it does not breach the no-bailout clause
126
In what sense has the role of the European Commission eroded?
The European Council has increasingly taken on a legislative role, undermining the traditional powers of the European Commission
127
What is the informalisation of EU policy?
o The shift away from formal legislative processes and binding agreements towards more flexible, informal cooperation mechanisms and soft law instruments
o For example, migration policy uses more and more informal deals, political declarations and administrative arrangements
128
How have EU crisis responses challenged the constitutional balance?
o Shift in institutional power towards executive dominance
o Informalisation and non-compliance such as migration
o Erosion or solidarity and equality such as migration
129
Has the refugee crisis affected judicial review limitations?
Yes, the Court of Justice of the European Union has limited jurisdiction over actions taken by national authorities or by member states acting outside their capacity as EU members
130
What are the characteristics of the rise of new treaties among member states?
o Partial participation
o Strong link with EU substantive law
o Use of EU institutions
o Implications:
Represents the emergence of a new form of EU law
Could facilitate deeper integration
131
What are the legal and political challenges of the rise of new treaties among member states?
o Circumventing treaty amendment requirements raises concerns about bypassing the need for unanimous consent
o The Court of Justice’s stated member states can entrust EU institutions with tasks outside EU law, provided it doesn’t alter their core powers
132
How can Ukraine be admitted to the EU?
o Article 49 of the Treaty on European Union allows for an expedited process
o The European Council holds the decisive power in granting member status
o The effects of war on the accession is their membership will be conditional on the result of the war
133
How is the EU’s approach to Ukraine’s accession a Faustian bargain?
o It has led to a tradeoff between political expediency and long-term values
o It involves making symbolic promises of membership and support while potentially compromising on the EU’s foundational commitment to the rule of law and democratic principles
o Faustian bargain: A deal with the devil
134
What is the digital single market?
o An initiative to create a unified digital economy that facilitates the free movement of people, goods, services and capital online across member states
o Key objectives:
Removing barriers to online transactions
Enhancing access to digital goods and services
Fostering conditions for digital innovation
o Contributes around 415 billion euros annually to the EU economy
135
What is the data protection landscape in the EU?
o The General Data Protection Regulation:
Objective: Governs personal data processing and free data movement
Core principles:
* Lawfulness, fairness and transparency
* Purpose limitation
* Data minimisation
* Accuracy
* Storage limitation
* Integrity and confidentiality
* Accountability
136
What are the two main questions when regulating an online platform?
o How does the Court define a platform?
o What are the legal consequences of the distinction between a platform and a service?
137
Provide an important case in the regulation of online platforms, including the ruling and legal implications.
o A French company accused Airbnb of operating as an estate agency without proper licensing
o Ruling:
Airbnb’s services are classified as an “information society service” under Directive 2000/31
This emphasises that intermediary services like Airbnb are distinct from traditional accommodation services
o Legal implications:
Directive 2000/31 protects platforms like Airbnb from certain regulations
Can be compared with Uber cases
138
What are the components of the new EU Digital Strategy?
o Regulation of online intermediaries
Digital Markets Act
Digital Services Act
o Regulating AI:
EU AI Act (proposal)
o Regulating platforms
The Platform Worker Directive Proposal
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What is the Digital Markets Act (2022)?
o Targets systemic online platforms with significant power
o Provides EC with enforcement powers to ensure compliance
140
What is the Digital Services Act (2022)?
o Empowers users to opt out of certain recommendations
o Restricts advertisements and rule on disinformation
o Mandates independent audits and risk assessments
141
What is the EU AI Act (proposed) (2024)?
o Aims to establish harmonised AI regulations on:
Avoiding fragmentation of the internal market
Ensuring health and safety
Protecting fundamental rights
o Proposes four risk levels of AI technologies:
Unacceptable
High
Limited
Minimal
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What is the Platform Work Directive (2024)?
o Aims to improve working conditions and data protections for platform workers
o Key provisions:
Legal presumption of employment
Enhanced transparency and fairness in management
143
Define platform work and challenges it faces.
o The matching of demand and supply of paid work through an online platform using an algorithm
o Challenges
Transparency, control and workers’ rights issues with algorithmic management
Lack of access and potential exploitation
144
What is a case study of the algorithmic management of platform workers in the EU?
o Uber Spain (2017)
o Ruling: Uber’s services are classified as transportation, subjecting it to national regulations
o Implication: Algorithms controlling work conditions and fare setting
145
What is Monnet’s vision of emergency politics in the EU?
Europe has been built through crises which is now reflected in recent changes like the Eurozone crisis and COVID-19.
146
What are the implications of emergency politics in the EU?
o Erosion of democratic accountability
o Crisis management v. constitutional order
147
